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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......e of the impugned action of the Government. 15. Next in the case of State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398 the State Government took the view that the Gauhati Municipal Board "was incompetent to perform or persistently makes default in the performance of the duties imp......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......ient to note in passing that the concept of the dwelling house had received a very liberal interpretation. See Damodar v. Banwarilal A.I.R. 1960 Cal. 467. In that case there was intervention of Union Board Road between plots 1473 and 1596. The Court considered that it was matter of little conseque......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)..

Category: Property Law | Date: | Hits: 45

Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....rmed the Government on March 18, 1978 that he had already submitted the documentary proof of the respondent's stay in the United Kingdom and he further stated that prior to his becoming a British National the respondent was "a Bangladeshi (Pakistani") 45. On 29th January, 1979 the Consular ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......ry, 1954 A.D. as the suit filed on 16th April, 1965, would definitely be within time. 8. Finding himself in a predicament, the learned Counsel for the appellant relied upon Ext. D, an order of the Revenue Officer dated 25.3.53. By this order the defendants were shown in the Record-of-Rights to be......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R..

Category: Property Law | Date: | Hits: 35

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......, 1972 (dated 26th March, 1972) provided that all properties and assets which were vested in the Government of Pakistan or any officer appointed by such Government or were vested in or managed by any Board constituted by or under any law or in the former Government of East Pakistan shall be deemed t......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......d in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......co-sharer in the disputed holding as it had been separated before the filing of the pre-emption case. It was claimed that appellant No. 1 filed Miscellaneous Case No. 701 of 1975-76 before the C.O. Revenue for the separation of her plot No. 404 under section 117 of the State Acquisition and Tena......ucted by Serajur Rahman, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of ..

Category: Property Law | Date: | Hits: 48

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue as required under the provisions of Disturbed Persons (Rehabilitation) Ordinance, ......Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue as required under the provisions of Disturbed Persons (Rehabilitation) Ordinance, 1964 was ......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ..

Category: Property Law | Date: | Hits: 70

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ch terms and conditions as it may deem fit. Article 29 empowers the Government to make rules for carrying out the purposes of the Ordinance. Article 30(2) provides that “all regulations made by the Board with previous sanction of the Government shall be published in the official Gazette and shall ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......sent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

.... following words: "In the months of September, October and November 1946 several machines were brought for trial from various parties in our office till the typewriter Art. A was purchased by National Alcohol Ltd. Company". 57. The question for consideration was if this statement of th......he exculpatory part is found to be false or basically improbable regard being had to reason and human conduct. 52. In Pakala Narayan Swami v. Emperor, AIR 1939 PC 47, Lord Atkin speaking for the Board observed: "A statement that contains self-exculpatory matter cannot amount to a confessi......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......al Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal 208; British India Corporation Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque B......borty vs. S. K. Chatterjee, AIR 1954 Cal 208; British India Corporation Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. ...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1..

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

.... Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C 83; Hendriks vs. Montagu Ch. D (17), 638; National Bank of India vs. The National Bank of Indore, AIR 1923 Bom. 119; Simatul Chemical Industr......echnology. The company got a clientele of 300 computer systems and its customers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board and UNDO Dhaka. The company by rendering meritorious service to the custome......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case..

Category: Intellectual Property Law | Date: | Hits: 239

Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......s case has no manner of application nor the case in the AIR 1975 (SC) 1121 Har Shanker Vs. The Deputy Excise and Taxation Commissioner has any application. In that case the Department of Excise and Revenue made a demand upon the liquor contractors. The Court observed “the writ jurisdiction is no......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur..

Category: Property Law | Date: | Hits: 87

Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)

....ble. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Nationalisation Order-the entire undertaking, of the said Company stood transferred to and vested ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August 1980, that is, four years after the institution of the suit, to get her n......ed in: 39 DLR (AD) (1987) 78. ..

Category: Others | Date: | Hits: 104

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......nue and not capital. This test was applied in the case Karam Chand Thapra 80 I.T.R. 167 to come to the conclusion that the amount received by the assessee was capital receipt. In that case the Revenue failed to prove their case that the assessee received the amount as revenue. In view......1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C.I.T. 37 I.T.R. 381; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......cern liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 31, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdictio......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &..

Category: Business or Commercial Law | Date: | Hits: 100

Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)

....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......itutes adverse possession, a subject which formed the topic of some discussion in the case, their Lordships adopt the language of Lord Robertson in delivering the judgment of the Board in Radhamoni Devi Vs Collector of Khulna" (27 I.A. 136), where his Lordship said t......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ..

Category: Property Law | Date: | Hits: 50

Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)

...., 1986. Result: The appeal is dismissed. Cases Referred to- 18 DLR 618 (622); Sk. Abdul Latif vs. Malek 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Baroda Rly. 39 CWN 552P.C.; D.M.D. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instruct......on under the provisions of this Act." Local authority has been defined in General Clauses Act and Section 3(28) reads as under: “Local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entru......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... (AD) 16. ..

Category: Property Law | Date: | Hits: 34

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ion of the Civil Court was not barred. 27. It may, however, be mentioned that according to the provisions of law ousting the jurisdiction of the Civil Court as contained in section 11 of the Sind Revenue Jurisdiction Act, 1876 the bar was not absolute. It was provided that ordinarily a party in ......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an..

Category: Property Law | Date: | Hits: 48

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......st Annual General Meeting of the Company, under, the Chairmanship of a neutral person in a neutral place with a directive to have the accounts audited by M/s. S.F. Ahmed & Co as resolved by the Board of Directors on 3.9.84 and the accounts and balance sheet placed in the said general meeting...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......�……………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ..

Category: Business or Commercial Law | Date: | Hits: 111

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......s son the plaintiff-appellant, a widow and two daughters was in Dhaka, In the. beginning of 1972, just after liberation, the house was included in the list of Abandoned Properties by the Cantonment Board, but on a representation by the appellant and other heirs of the late Aminuddin, the Executive...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written statement. The Government by a Notification dated 14th ..

Category: Tenancy Law | Date: | Hits: 108

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